San Mateo Municipal Code Ch. 15.20 Franchise—liability

The following words whenever used in this chapter shall be construed as defined in this section:

(1) Grantee means every person holding or operating a public utility in the City under a permit, or by virtue of a franchise acquired under the constitution and laws of this state, including such franchises as may have been acquired by virtue of Section 19, Article XI of the constitution prior to its amendment on October 10, 1911, or otherwise;

(2) Public utilities shall have the meaning as defined in the Public Utilities Act of the state.

Prior code § 66.21

No grantee of any permit or franchise shall ever excavate, or otherwise disturb, the surface or pavement of any street or sidewalk, for the purpose of installing, removing or replacing any pipes, poles, wires, conduits or appurtenances, or for any other purpose whatsoever without first notifying the street superintendent or city manager of his or her intention to do so. In the doing of such work the grantee shall comply strictly in all respects with the rules, regulations and ordinances of the City.

Prior code § 66.22

Whenever any grantee has had occasion to excavate in, or otherwise disturb, the surface or pavement of any street or sidewalk under a permit, or by virtue of any franchise, he or she shall with all reasonable diligence and dispatch refill such excavation, and replace the materials taken therefrom with due care and in proper order, and shall restore the surface and pavement, if any, to as good condition and repair, as it was before having been excavated or disturbed, so that it will be level with the surrounding surface and not have any perceptible depression or protrusion.

Prior code § 66.23

While doing any work in or upon any of the streets or sidewalks, the grantee shall erect or provide proper barriers, warning flags and lights to protect the public, failing in which he or she is liable for any injuries to persons or property resulting from such neglect or failure.

Prior code § 66.24

The grantee shall make periodical inspections of the meter boxes and other apparatus maintained in connection with the operation of his or her franchise, and he or she will be liable in damages for any injuries received as a result of his or her failure to keep such boxes or other apparatus properly covered, so as to safeguard adequately the public from accident. He or she will be deemed to have had constructive notice of any defects therein.

Prior code § 66.25

Every such grantee shall be deemed to have guaranteed to save the City harmless from any and all damages for injuries to persons or property, and all costs and expenses in connection therewith, arising out of the use of the streets, sidewalks or other property, by grantee, and resulting directly or indirectly, from the operation of the grantee's franchise.

Prior code § 66.26

In the event of any claim having been made upon the City for damages, or the filing of any suit, resulting directly or indirectly from the operation of grantee's franchise, in which the City has been joined as a party defendant, such grantee shall immediately assume and undertake the defense of such claim or suit at grantee's own cost and expense, and without cost to the City, and such grantee shall save the City harmless from any judgment that may be rendered in such case.

Prior code § 66.27

In event of the failure, neglect or refusal of such grantee to assume the defense of any claim or suit against the City arising out of, or resulting directly or indirectly from, the operation of grantee's franchise, within ten days after written demand to do so has been made upon grantee by the City Manager, such failure, neglect or refusal constitutes an authorization and request by grantee that the City defend such claim or suit, whereupon the grantee shall be liable for the payment of any judgment rendered in such suit against the City, and shall reimburse the City for the judgment so rendered, together with all costs and expenses incurred by the City in connection therewith, together with reasonable attorney's fees; and the City shall be deemed to have an action of debt against such grantee, until such costs, expenses and fee have been paid.

Prior code § 66.28